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Grouse summit: Status quo won’t do

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Grouse summit: Status quo won’t do

By BRODIE FARQUHAR
Star-Tribune correspondent
The way Gov. Dave Freudenthal sees it, sage grouse conservation in Wyoming is something like a junior high school dance.

"All the boys and girls are lined up along the walls, waiting for someone to ask someone else to dance," he said.

Freudenthal used the analogy to help kick off the first Wyoming Sage Grouse Summit in Casper Wednesday. Ranchers, oil and gas men, biologists, conservationists and state and federal officials are meeting to consider a newer, smarter way of conserving sage grouse while tapping the energy wealth of the Cowboy State.

Everyone seems to be waiting for someone else to make the first concession, the governor said.

The first move onto the dance floor Wednesday was made by Terry Cleveland, director of the Wyoming Game and Fish Department. After a presentation on just how grim the situation is for the sage grouse in the West, Cleveland indicated he’d be willing to trade a “chip or two,” if that would get things rolling with the energy industry and other governmental agencies offering ways to move beyond the status quo.

Gene George, a Casper-based geologist and energy consultant, countered that industry too is willing to deal. He asked if Wyoming Bureau of Land Management Director Bob Bennett would be willing to make some adjustments in drilling permits and stipulations, if industry would voluntarily bring the BLM’s seasonal drilling stipulations into drilling projects on state and private lands.

Bennett said he’d like to explore that idea for the sake of flexibility.

Speaker after speaker emphasized that the status quo approach was not tenable -- conserving sage grouse and sage grouse habitat while also developing the rich gas, oil and coal-bed methane fields of Wyoming.

Freudenthal warned of a court fight in Boise, Idaho, where the conservation group Western Watersheds is suing the U.S. Fish and Wildlife Service in hope of getting the sage grouse listed for protection under the Endangered Species Act.

With a court hearing set for July 9, the governor said there were a range of potential outcomes, from the court upholding the Fish and Wildlife Service’s decision not to list the sage grouse, to a court directive that the species must be listed.

Even if the federal agency's decision is sustained by the court, the governor predicted there would be appeals and further challenges from conservationists as more research and data are developed.

The issue of whether the species should receive federal protection “will be with us for years,” Freudenthal said, adding that litigation is not an effective way to resolve the issue.

He said that the predominant amount of research has forced him to conclude that the status quo cannot continue.

The BLM’s Bennett extolled the new Healthy Lands Initiative by the Department of Interior as a hopeful, new framework for addressing tough issues including sage grouse on a landscape scale, working with all interested parties.

“We’ve got to think out of the box,” Bennett said. He sees a need for different management approaches, ranging from conservation of habitat to provide large areas with no development allowed, to restoration of areas that have already been drilled.

Above all, Bennett said, he wants to avoid either/or scenarios -- protecting the sage grouse vs. energy development.

“We can do both, but not necessarily on the same piece of ground, at the same time,” he said.

Game and Fish’s Cleveland said sage grouse demographics have been on a downward trend ever since the arrival of Europeans, losing about 45 percent of their habitat in North America.

“Research near Pinedale and in the Powder River Basin shows that best management practices are insufficient to protect sage grouse when well pads exceed one per square mile,” he said. Further, a quarter-mile buffer zone around breeding grounds is not sufficient.

He noted that industry is trying a variety of things to minimize energy development stresses on sage grouse -- including directional drilling, piping condensate rather than trucking it, busing workers, burying power lines and reinjecting produced water. Yet officials might consider undeveloped blocks, no surface occupancy on key blocks of land, and coordinated development.

“We need to consider long-term measures,” not piecemeal steps, Cleveland said.

Because so much is unknown about protecting sage grouse and their habitat, Cleveland said everyone’s in for an endless round of implement, monitor and adapt to what is learned.

“If the sage grouse is listed, we have failed,” he said, adding that a sage grouse listing would be more disruptive that Wyoming’s experiences with wolves and grizzly bears.

Stephen Allred, assistant secretary of Interior for minerals, said failure would be catastrophic for Wyoming’s people and the economy. He said the BLM doesn’t have the luxury of stopping energy development so it can study sage grouse and come up with definitive answers. Stopping energy development is not an option, he said.

“Tomorrow, when we continue these discussions, we need to set goals, and Interior will be an active participant," Allred said. "It is critical we leave with a path forward."
 
A bit more on the subject...

Sage Grouse Summit Seeks Best Management Practices

It's going to take a village to determine and implement best management practices to protect sage grouse residing in Wyoming's resource production basins, and the stakes are high for the energy industry as well as the bird. This was the theme of discussion at Wyoming Gov. Dave Freudenthal's Sage Grouse Summit held late last month in Casper.

To the casual observer, convening a high-level meeting over a chicken-like bird with peacock aspirations that inhabits the sagebrush landscape of the West may seem like overkill. But "the seriousness of the summit reflects the risks that confront Wyoming and other western states if we do not continue to work to sustain the population of the sage grouse and avoid its being listed as an endangered species," said Freudenthal.

So far, the U.S. Fish & Wildlife Service has refrained from adding the bird to the endangered species list, but that could change. Rather than let the very rigorous federal endangered species rules take over, Freudenthal convened the summit to develop a consensus plan that would balance the environmental interests with those of industries that compete for use of the land. Listing the sage grouse as an endangered species also would put an end to hunting of the popular game bird.

Freudenthal said he was encouraged by the participation of federal agencies in the summit, which was attended by about 150 representatives of government, the oil, gas, coal and agriculture industries, environmental groups and sportsmen.

Bob Bennett, director of the Wyoming Bureau of Land Management (BLM), endorsed the cooperative approach, pointing out that "if the sage grouse were to be listed as a threatened or endangered species, a host of land uses would face restrictions that would affect the economies of Wyoming, Montana and other western states. The impact would be far greater than that experienced in the Pacific Northwest with the spotted owl, primarily because of our limited economic diversity and the limited ability we have to shift our economy."

Bennett called for a strong commitment from all federal and state government representatives, from environmental groups and from industry to find a common ground on the issue of preservation of the sage grouse. Efforts should be directed toward a better understanding of "the scientific baseline information on sage grouse populations and their habitat," along with "a realistic assessment" of the current status. "We need to begin thinking outside the box in joint partnership to build ideas and avoid a listing of the sage grouse."

No one group can go it alone given the "checkerboard pattern of federal, state and private land ownership" in the western states, Bennett said. "In the Powder River Basin, for example, BLM-managed lands comprise only 11% of the surface land ownership and 64% of the mineral estate."

Continuing the cooperative theme, Dave Brown of BP America said, "Industry needs to start communicating among ourselves when we are applying practices that are beneficial to sage grouse because we are all in this together." Brown spoke on behalf of the Petroleum Association of Wyoming (PAW), which has compiled a list of recommended management practices for operations in sage grouse territory. The recommended practices will soon be posted on the group's website at http://www.pawyo.org/best_management_practices.html.

Brown told NGI that while there are companies working aggressively on the environmental front, there still are some Wyoming producers who "are not aware of what's at risk" with the sage grouse issue and the consequences if it is listed as an endangered species. The message has "got to be communicated to all companies, even if it means we have to work through different [industry] associations to get this accomplished."

Brown stressed that Wyoming gas producers "need to get progress on the ground with practices and projects and to start applying what we've been studying and putting together the past few years in order to protect the grouse." Best practices "can and probably will" evolve as companies find out what works for them in terms of conserving sage grouse populations.

Pam Dewell of The Nature Conservancy (TNC) of Wyoming told NGI that TNC is working with BP America to assess the biological assets of the Jonah Field and devise protocol for the selection of "good projects that would mitigate the disturbance created by Jonah." Brown said TNC's science and methodology "brings a lot of value and expertise" to choosing the best sites for offsite mitigation and he characterized the conservation organization as "results oriented."

Bruce Hinchey, PAW president, said the process is building and he expects there will be more meetings of government and industry representatives aimed at working out an agreement on good management practices. Prior to the governor's summit PAW held a meeting with various government and industry representatives last April. "There has been a good response from all involved to work together on this."

Meanwhile, oral arguments begin July 9 in the Ninth Circuit Court in Idaho on a challenge to the Fish & Wildlife Service's refusal in 2005 to list the sage grouse as an endangered species.
 
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